O. Reg. 401/09: GENERAL

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ontario regulation 401/09

made under the

private career colleges act, 2005

Made: September 30, 2009
Filed: October 27, 2009
Published on e-Laws: October 28, 2009
Printed in The Ontario Gazette: November 14, 2009

Amending O. Reg. 415/06

(General)

1. Part X of Ontario Regulation 415/06 is revoked and the following substituted:

Part X
ADMINISTRATIVE PENALTIES

Prescribed penalties for prescribed contraventions

51. (1) The administrative penalty for the first contravention of one or more provisions set out in a single item of Table 1 is the amount set out for that item in Column 2 of Table 1.

(2) If, within three years after the first contravention of a provision set out in an item of Table 1, a subsequent contravention of a provision set out in the same item occurs, the administrative penalty is,

(a) for the second contravention, twice the amount set out for that item in Column 2 of Table 1;

(b) for the third contravention, three times the amount set out for that item in Column 2 of Table 1;

(c) for each contravention after the third, four times the amount set out for that item in Column 2 of Table 1.

(3) If a contravention of one or more provisions set out in a single item of Table 1 continues for two or more successive days, and the Superintendent or his or her designate determines that the circumstances described in one or more paragraphs of subsection (4) exist, the administrative penalty is the amount determined under subsections (1) and (2) multiplied by the number of successive days that the contravention of a provision set out in that item continues.

(4) The circumstances referred to in subsection (3) are:

1. The person has a history of non-compliance with the Act or the regulations, as evidenced by,

i. reports of inquiries made or examinations conducted under section 38 of the Act,

ii. orders issued by the Superintendent under section 46 of the Act, or

iii. convictions for offences committed under section 48 of the Act.

2. The person is contravening or has previously contravened section 7, 8, 9, 10 or 11 of the Act.

3. The contravention places students who are currently enrolled in a private career college, or will place students who enrol in a private career college, in financial jeopardy.

(5) When issuing a notice of contravention to a person under subsection 39 (1) of the Act, the Superintendent or his or her designate shall issue only one notice of contravention for all contraventions that have occurred or are occurring at the same time.

(6) The maximum total amount that a notice of contravention may require a person to pay for all contraventions set out in the notice is $250,000.

Application for review of notice of contravention

52. An application to the Minister under subsection 39 (6) of the Act for review of a notice of contravention shall set out the grounds on which the review is sought and shall be accompanied by the documentary evidence, if any, that is relevant to the review.

2. The Regulation is amended by adding the following Table:

TABLE 1
administrative penalties

Item	Column 1	Column 2
	Contravened Provisions, with Headnotes	Amount of Administrative Penalty  ($)
1.1	Act, s. 7 — Prohibition against operating a private career college	1,000
1.2	Act, s. 8 (1) — Prohibition against providing vocational programs	1,000
1.3	Act, s. 9 — Prohibition against charging fee	1,000
1.4	Act, s. 10 — Prohibition against use of credentials	1,000
1.5	Act, s. 11 — Restrictions on advertising and soliciting	1,000
1.6	Act, s. 28 — Contract	1,000
1.7	Act, s. 38 (6) — Inquiries and examinations, Duty to assist	1,000
1.8	Act, s. 38 (10) — Inquiries and examinations, Obstruction	1,000
1.9	Failure to comply with an order of the Superintendent made under s. 46 of the Act	1,000
1.10	Act, s. 33 — Advertising, read with O. Reg. 415/06, s. 16 (1) paragraph 2  — Content of advertisement	1,000
1.11	O. Reg. 415/06, s. 41 — Qualifications of instructional staff	1,000
1.12	O. Reg. 415/06, ss. 47 (1) and (2) — Notice re change of ownership	1,000
2.1	Act, s. 15 (3) — Registrant to comply with conditions	750
2.2	Act, s. 23 (6) — Changes to vocational program	750
2.3	Act, s. 30 — Access to transcripts, read with O. Reg. 415/06, s. 34 — Student transcripts	750
2.4	Act, s. 33 — Advertising, read with O. Reg. 415/06, s. 16 (1) paragraphs 1, 3, 4, 5 and 6 — Content of advertisement	750
2.5	Act, s. 34 (2) — Notice of proposed change	750
2.6	O. Reg. 415/06, s. 44 — Charging fees	750
2.7	O. Reg. 415/06, s. 45 — Student files	750
3.1	Act, s. 29 — Fee refund policy, read with O. Reg. 415/06, ss. 24 to 33	500
3.2	Act, s. 31 — Complaint procedure, read with O. Reg. 415/06, s. 36 (1) — Student complaint procedure	500
3.3	O. Reg. 415/06, s. 40 — Copy of program	500
3.4	O. Reg. 415/06, s. 42 — Personal information re: instructors	500
4.1	Act, s. 26 — Information re performance indicators, objectives	250
4.2	Act, s. 32 — Statement of students’ rights and responsibilities	250
4.3	Act, s. 34 (1) — Notice of change	250
4.4	Act, s. 35 — Sale of students’ goods and services	250
4.5	O. Reg. 415/06, s. 17 — Advertising records	250
4.6	O. Reg. 415/06, s. 23 — Copies of contracts	250
4.7	O. Reg. 415/06, s. 35 (1) — Transcript content	250
4.8	O. Reg. 415/06, s. 38 — Display of certificate of registration	250
4.9	O. Reg. 415/06, s. 39 — Copy of legislation	250

3. This Regulation comes into force on the day it is filed.

 

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